Art. 42.14. IN ABSENCE OF DEFENDANT. (a) In a misdemeanor case, the judgment and sentence may be rendered in the absence of the defendant.
Text of subsection effective until January 01, 2017
(b) In a felony case, the judgment and sentence may be rendered in the absence of the defendant only if:
(1) the defendant is confined in a penal institution;
(2) the defendant is not charged with a felony offense:
(A) that is listed in Section 3g(a)(1), Article 42.12; or
(B) for which it is alleged that:
(i) a deadly weapon was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense; and
(ii) the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited;
(3) the defendant in writing before the appropriate court having jurisdiction in the county in which the penal institution is located:
(A) waives the right to be present at the rendering of the judgment and sentence or to have counsel present;
(B) affirms that the defendant does not have anything to say as to why the sentence should not be pronounced and that there is no reason to prevent the sentence under Article 42.07;
(C) states that the defendant has entered into a written plea agreement with the attorney representing the state in the prosecution of the case; and
(D) requests the court to pronounce sentence in the case in accordance with the plea agreement;
(4) the defendant and the attorney representing the state in the prosecution of the case have entered into a written plea agreement that is made a part of the record in the case; and
(5) sentence is pronounced in accordance with the plea agreement.
Text of subsection effective on January 01, 2017
(b) In a felony case, the judgment and sentence may be rendered in the absence of the defendant only if:
(1) the defendant is confined in a penal institution;
(2) the defendant is not charged with a felony offense:
(A) that is listed in Article 42A.054(a); or
(B) for which it is alleged that:
(i) a deadly weapon was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense; and
(ii) the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited;
(3) the defendant in writing before the appropriate court having jurisdiction in the county in which the penal institution is located:
(A) waives the right to be present at the rendering of the judgment and sentence or to have counsel present;
(B) affirms that the defendant does not have anything to say as to why the sentence should not be pronounced and that there is no reason to prevent the sentence under Article 42.07;
(C) states that the defendant has entered into a written plea agreement with the attorney representing the state in the prosecution of the case; and
(D) requests the court to pronounce sentence in the case in accordance with the plea agreement;
(4) the defendant and the attorney representing the state in the prosecution of the case have entered into a written plea agreement that is made a part of the record in the case; and
(5) sentence is pronounced in accordance with the plea agreement.
(c) A judgment and sentence may be rendered under this article in the absence of the defendant only after the defendant is notified by the court of original jurisdiction of the right to counsel and the defendant requests counsel or waives the right to counsel in accordance with Article 1.051.
(d) In this article, "deadly weapon" and "penal institution" have the meanings assigned by Section 1.07, Penal Code.
(e) If a defendant enters a plea of guilty or nolo contendere under Article 27.19, the attorney representing the state may request at the time the plea is entered that the defendant submit a fingerprint of the defendant suitable for attachment to the judgment. On request for a fingerprint under this subsection, the county in which the defendant is confined shall obtain a fingerprint of the defendant and use first-class mail or other means acceptable to the attorney representing the state and the county to forward the fingerprint to the court accepting the plea.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 291 (H.B. 107), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.17, eff. January 1, 2017.
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